Boxborough housing plan prompts concerns

Town officials are expressing concern about a proposed development they fear would cause safety and access problems – but also cite past litigation against the developer over a previous project.

Margaret Smith/msmith@wickedlocal.com

Town officials are expressing concern about a proposed development they fear would cause safety and access problems – but also cite past litigation against the developer over a previous project.

The Board of Selectmen will send a letter to Mass Housing urging rejection of eligibility for Minuteman Village, a project proposed near the town’s center, and for which developers Michael Jeanson and John Lyons seek a comprehensive permit.

A final draft of the letter should be completed by the end of this week.

The project is proposed under the conditions of Chapter 40B, which allows developers to skirt some restrictions if a certain percentage of the proposed units are deemed as affordable by state guidelines.

Qualifying a project for Chapter 40B exemption requires a statement of eligibility from Mass Housing, which first seeks input from pertinent boards and departments in the community in which the development is proposed.

Selectmen Chairman Les Fox said the letter the board has written includes input from public safety officials as well as the Planning Board, Board of Health, Conservation Commission and other town boards.

The plan calls for the development – with three-bedroom, two-bath, single-family units at Stow Road and Massachusetts Avenue. Of the 24 affordable units, proponents said 16 would be given local preference, according to the original proposal.

Fox said the letter includes concerns from Police Chief Warren Ryder and Fire Chief Randolph White over the project’s proposed size as well as access for emergency vehicles.

With eight units proposed for construction directly off Massachusetts Avenue, Fox said there are concerns about sight lines on that part of the road.

Fox said the development calls for private roadways, which would require prospective residents to pay for road maintenance. Given that at least 25 percent of the units would have to be deemed affordable, Fox said these expenses would pose “an undue burden on people already disadvantaged” and lead to an increase in member association fees.

Fox said letters from residents of abutting Tisbury Meadows and Sheriff’s Meadows express concern over safety and traffic, given that a proposed roadway would go through a common entry way shared by these two developments.

Neither Jeanson nor Lyons could be reached for comment.

Selectmen and a gathering of residents heard about the plans from proponents at the board’s July 16 meeting, at which Jeanson and Lyons were present, along with project manager Donna Cisek and George Dimakarakos of the civil engineering firm Stamski and McNary, Inc.

With 70 percent of the affordable units given local preference — including the six units for veterans — Dimakarakos at that time described the project as “somewhat ground breaking regarding the 40B process.”

Depending on how quickly the owners receive the go-ahead from the state, construction could begin by the end of 2013 and is estimated to take four to five years to complete.

The project has several more steps, including a public hearing when the developers are ready to submit detailed plans to the Zoning Board of Appeals for a comprehensive permit.

The July 16 meeting was strictly informational and not part of the approval process.

Past issues

Fox said town officials took issue with the fact that the materials sent to Mass Housing did not include mention of Boxborough Meadows, a project over which the town sued the developers in 2004.

The town sued the developers for damages in 2004 over profit limits, resulting in a settlement of more than $1 million to the town, to be used for affordable housing, according to town documents.

At the July 16 meeting, Cisek said the developers had included their eight most recent projects, which did not include Boxborough Meadows, as the only reason it wasn’t included in their application for project eligibility.

The units, which will be part of a condominium association responsible for grounds upkeep and other services, will be assigned on a lottery basis with weighted preference for local veterans and local residents.

Cisek said the developers will work closely with the town’s veterans agent to identify local veterans, especially disabled veterans, who might meet the income eligibility requirements for the affordable units.

Although zoning for this district can include senior housing duplexes, it is not currently zoned for single-family dwellings, Town Planner Elizabeth Hughes said at the July 16 meeting.

Numbers to know

96 total units proposed for Minuteman Village

24 units to be offered as “affordable” under state guidelines, in accordance with Chapter 40B

16 — or 70 percent — of units to be offered as “local preference” for residents

6 units offered to veterans

2 units offered to disabled veterans at no cost

55 acres for proposed development site, at Stow Road and Massachusetts Avenue

1,700-2,430 size range, in square feet, of single-family homes planned for development